Kenya Engineering Workers Union v Tononoka Rolling Mills Limited [2018] KEELRC 2455 (KLR)

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT  AT NAIROBI

CAUSE NO. 1646 OF 2016

(Before Hon.  Justice Mathews N. Nduma)

KENYA ENGINEERING WORKERS UNION.....................APPLICANT

VERSUS

TONONOKA ROLLING MILLS LIMITED.......................RESPONDENT

JUDGMENT

1. The Claimant union seeks to be recognized by the Respondent in terms of section 54 of the Labour Relations Act, 2007.  185 unionisable employees of the Respondent have joined the union and the Claimant has submitted check-off forms in respect thereof to the Respondent.

2. The suit was served on the Respondent but has failed to file a defence inspite of having entered appearance on 14th September, 2016.

3. The Claimant has proved on a balance of probabilities that it has recruited more than 50 + 1% of the unionisable employees of the Respondent.  The Respondent is bound by law therefore to sign a Recognition Agreement with the Claimant union.  The court orders accordingly.

4. The final orders of the court are as follows –

a. The Respondent to sign Recognition Agreement with    the   Claimant Union within 30 days of this judgment.

b. The Respondent to pay costs of the suit.

Dated and Signed in Kisumu this 5th day of February, 2018

Mathews N. Nduma

Judge

Delivered and signed in Nairobi this 16th day of Feb, 2018

Maureen Onyango

Judge

Appearances

Joseph Omollo for the Claimant Union

Taibjee & Bhalla for Respondent

Anne Njung’e – Court Clerk